Print
Print
AGENDA
REGULAR MEETING
CYPRESS CITY COUNCIL
September 26, 2022
6:00 P.M.
www.cypressca.org
Council Chambers
5275 Orange Avenue
Cypress, California
PUBLIC PARTICIPATION
Members of the public can participate in this meeting as follows:
1. Attend In-Person.
First-come, first-served seating is available in the Council Chambers. Face coverings are strongly recommended and all in-person attendees must be free of any symptoms associated with COVID-19.
2. Attend Virtually via Webinar.
This option provides the ability to provide live public comments during Oral Communications or Public Hearings and view slideshow presentations. Please register at https://attendee.gotowebinar.com/register/3914667540557772816 to receive an email containing a link to join the webinar. Advance registration is recommended.
3. Watch the Meeting.
The City Council meeting can be viewed live on Spectrum Cable Channel 36 or on the City's website at www.cypressca.org/watchlive
.
4. Listen to the Meeting.
The public may participate via the listen-only teleconference mode by calling (562) 247-8422 and entering Access Code 798-972-350 when prompted. No registration or audio pin is necessary.
5. Submit Public Comments Prior to the Meeting.
The public may submit comments via email to [email protected]. Comments submitted by 3:00 p.m. on September 26, 2022 will be added to the City Council agenda as a Consent Calendar item.
CALL TO ORDER
6:00 P.M.
Executive Board Room
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District Mayor Paulo Morales
Mayor Pro Tem Anne Hertz-Mallari
Council Member Frances Marquez
Council Member Scott Minikus
Council Member Jon Peat
ORAL COMMUNICATIONS
(Three minutes per speaker, unless extended by the City Council) The public may address the City Council on matters appearing on the Closed Session or Workshop agenda. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its agenda.
If you would like to address the City Council in person, please complete a Speaker's Card. If you would like to address the City Council via the meeting webinar, please click the 'hand raise' button, unmute your microphone and wait for the Mayor or City Clerk to call on you. = Hand Raise
= Unmute
Speakers providing comments in person will be called first. Speakers are requested to limit their comments to no more than three minutes.
Alternatively, comments may be submitted to [email protected] prior to 3:00 p.m. on September 26, 2022. All comments submitted via email prior to the deadline will be added to the agenda as a Consent Calendar item.
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiators: City Manager and Director of Finance and Administrative Services Employee Group: Cypress Police Officers' Association
PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE
Pursuant to Government Code Section 54957
Title: City Clerk
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Fortis LLP v. Frances Marquez, City of Cypress
Case No. 30-2022-01277792-CU-WM-CJC
Orange County Superior Court
RECONVENE
7:00 P.M.
Council Chambers
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District Mayor Paulo Morales
Mayor Pro Tem Anne Hertz-Mallari
Council Member Frances Marquez
Council Member Scott Minikus
Council Member Jon Peat
PLEDGE OF ALLEGIANCE
INVOCATION
Saint Irenaeus Catholic Church
The City Council does not endorse the content of the invocation and does not endorse the invocational speaker’s particular faith, belief and/or religious denomination. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Council’s policy on invocations is available from the City Clerk.
REPORT OF WORKSHOP AGENDA / CLOSED SESSION
City Manager/City Attorney
PRESENTATIONS
Results of the Senior Commission Participation Survey
Construction Management Association of America Project Achievement Award Fire Prevention Week Proclamation
ORAL COMMUNICATIONS
(Limited to 30 minutes – three minutes per speaker, unless extended by the City Council) The public may address the City Council on any matters prior to any action taken on the agenda. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its agenda.
If you would like to address the City Council in person, please complete a Speaker's Card. If you would like to address the City Council via the meeting webinar, please click the 'hand raise' button, unmute your microphone and wait for the Mayor or City Clerk to call on you. = Hand Raise
= Unmute
Speakers providing comments in person will be called first. Speakers are requested to limit their comments to no more than three minutes.
Alternatively, comments may be submitted to [email protected] prior to 3:00 p.m. on September 26, 2022. All comments submitted via email prior to the deadline will be added to the agenda as a Consent Calendar item.
PUBLIC HEARINGS
Public comments – five minutes per speaker, unless extended by the City Council.
If you would like to provide comments on a Public Hearing item in person, please complete a Speaker's Card available at the podium. If you would like to provide comments on a Public Hearing item via the meeting webinar, please click the 'hand raise' button, unmute your microphone and wait for the Mayor or City Clerk to call on you. = Hand Raise
= Unmute
Speakers providing comments in person will be called first. Members of the public providing comments via webinar are encouraged to also submit a written copy of their comments to [email protected] prior to 3:00 p.m. on September 26, 2022. This will ensure your comments are included in the public hearing record should you experience any technical difficulties during the public hearing.
Council Members should disclose communications with anyone relevant to a Public Hearing item.
1. Approve Conditional Use Permit No. 2022-05 to Permit the Sale of On-Sale General Alcohol for a Restaurant at 5895-B Katella Avenue Prepared by:
Alicia Velasco, Planning Director
Recommendation:
Adopt a Resolution approving Conditional Use Permit No. 2022-05, with conditions, and confirm the project is exempt from the California Environmental Quality Act requirements.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a Council Member requests separate action on a specific item.
2. Receive and File Public Comments Submitted for the September 26, 2022 City Council Meeting Prepared by:
Alisha Farnell, City Clerk
Recommendation:
Receive and file submitted public comments.
3. Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading
4. Approve Minutes - Meeting of September 12, 2022
Prepared by:
Alisha Farnell, City Clerk
Recommendation:
Approve as submitted.
5. Second Reading of an Ordinance Amending Selected Provisions of Chapter 25 (Subdivisions) and Appendix I (Zoning) of the Cypress Municipal Code to Implement the Housing Element and Comply with State Housing Laws Prepared by:
Alicia Velasco, Planning Director
Recommendation:
Approve the second reading and adopt an Ordinance, by title only and waive further reading, amending selected provisions of Chapter 25 (Subdivisions) and Appendix I (Zoning) of the Cypress Municipal Code to implement the Housing Element and comply with State housing laws.
6. Accept the Concrete Rehabilitation, Project 293
Prepared by:
Doug Dancs, Director of Public Works
Recommendation:
1. Accept the Concrete Rehabilitation, Project 293, in the amount of $250,041.50 and approve the final payment of $12,502.08 to CJ Concrete Construction Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
7. Accept the Citywide Park Enhancements, Project 277
Prepared by:
Doug Dancs, Director of Public Works
Recommendation:
1. Accept the Citywide Park Enhancements, Project 277, in the amount of $220,759.61 and approve the final payment of $11,037.98 to Speedy Fix Inc.; and
2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.
8. Adopt a Resolution to Amend the Conflict of Interest Code Prepared by:
Alisha Farnell, City Clerk
Recommendation:
Adopt a Resolution amending the Conflict of Interest Code for the City and Recreation and Park District, which supersedes all prior Conflict of Interest Codes and amendments previously adopted.
9. Approve an Appropriations Increase Associated with the 800 Megahertz Countywide Coordinated Communications System Prepared by:
Mark Lauderback, Chief of Police
Recommendation:
Approve an appropriations increase of $35,213 in the General Fund to provide for the City's FY 2022-23 share of costs for the Orange County 800 Megahertz Countywide Coordinated Communications System.
10. Approve Continuing Appropriations, Revenues and Transfers from FY 2021-22 to FY 2022-23 Prepared by:
Matt Burton, Director of Finance and Administrative Services Recommendation:
1. Authorize the appropriation of $3,040,288 in FY 2022-23 for the carryover of continuing appropriations from FY 2021-22, as detailed in Attachment A; and
2. Authorize the appropriation of $2,647,136 in FY 2022-23 for the carryover of encumbrances at June 30, 2022, as detailed in Attachment B; and
3. Authorize the continuation of operating transfers totaling $1,340,437 and estimated grant revenue totaling $306,437 from FY 2021-22 to FY 2022-23, as detailed in Attachment C to support carryover appropriations.
11. Approve Supplemental Appropriations and Increases to Estimated Revenues and Transfers for FY 2021-22 Prepared by:
Matt Burton, Director of Finance and Administrative Services Recommendation:
1. Approve FY 2021-22 supplemental appropriations of $547,681 and increase estimated revenues by $730,781 for the City; and
2. Approve FY 2021-22 supplemental appropriations of $2,500 for the Cypress Recreation and Park District; and
3. Approve a $1,106,889 transfer from the Park District to the City's Infrastructure Fund as partial payment on the outstanding Repayment Agreements and Promissory Notes between the District and the City.
12. Approve Cypress Recreation and Park District Continuing Appropriations from FY 2021-22 to FY 2022-23 Prepared by:
Matt Burton, Director of Finance and Administrative Services Recommendation:
1. Appropriate $1,438,195 in FY 2022-23 for items encumbered at June 30, 2022 as detailed in Attachment A; and
2. Appropriate $699,282 in FY 2022-23 for the carryover of continuing appropriations as detailed in Attachment A; and
3. Authorize the continuation of operating transfers to FY 2022-23 totaling $105,243 as detailed in Attachment A.
13. Approve the Purchase of a Replacement Forklift for Public Works Prepared by:
Doug Dancs, Director of Public Works
Recommendation:
Approve the $33,280.51 purchase of a replacement forklift for Public Works from Doosan through Sourcewell cooperative purchasing.
14. Proclaim the Month of September 2022 as Childhood Cancer Awareness Month Prepared by:
Alisha Farnell, City Clerk
Recommendation:
Proclaim the month of September 2022 as Childhood Cancer Awareness Month.
15. Proclaim the Week of October 9-15, 2022 as Fire Prevention Week Prepared by:
Alisha Farnell, City Clerk
Recommendation:
Proclaim the week of October 9-15, 2022 as Fire Prevention Week.
16. Receive and File the Investment Report for the Month Ended August 31, 2022 Prepared by:
Matt Burton, Director of Finance and Administrative Services Recommendation:
Receive and file the attached investment reports.
17. Approve Register of Warrants, Transfers, and Wires Issued for the Period of August 27, 2022 through September 9, 2022 Prepared by:
Matt Burton, Director of Finance and Administrative Services Recommendation:
Approve the attached payment register summarized below for the period of August 27, 2022 through September 9, 2022:
Electronic Funds Transfers 11776 through 11818
Warrants 60457 through 60557
Payroll Transfers W1483
NEW BUSINESS
None.
ITEMS FROM CITY COUNCIL MEMBERS
18. Adopt a Resolution Censuring Council Member Marquez for Violations of California Education Code § 7054, the City of Cypress Code of Ethics, and the City of Cypress Civility, Conduct and Governance Policy Agendized by:
Paulo Morales, Mayor
Recommendation:
Adopt a Resolution censuring Council Member Marquez for violations of California Education Code § 7054, the City of Cypress Code of Ethics, and the City of Cypress Civility, Conduct and Governance Policy.
ORAL COMMUNICATIONS
(Five minutes per speaker, unless extended by the City Council) The public may address the City Council on any matters prior to any action taken on the agenda. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its agenda.
If you would like to address the City Council in person, please complete a Speaker's Card. If you would like to address the City Council via the meeting webinar, please click the 'hand raise' button, unmute your microphone and wait for the Mayor or City Clerk to call on you. = Hand Raise
= Unmute
Speakers providing comments in person will be called first. Speakers are requested to limit their comments to no more than five minutes.
Alternatively, comments may be submitted to [email protected] prior to 3:00 p.m. on September 26, 2022. All comments submitted via email prior to the deadline will be added to the agenda as a Consent Calendar item.
COUNCIL MEMBER REPORTS AND REMARKS
CITY MANAGER REMARKS
ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Monday, October 10, 2022, beginning at 5:30 p.m. in the Executive Board Room.
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 23rd day of September, 2022. ________________________________
Alisha Farnell, City Clerk
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk at (714) 229-6685 at least 72 hours prior to the meeting to enable the City to make reasonable arrangements to assure accessibility to this meeting.